Actions and Proceedings Continental Insurance Co. v. The Pamona Redevelopment Agency (California Court of Appeals, May 15, 2006, Unpublished) Ruling: On this appeal, the excess insurer, Continental, sought to intervene in an action pending between the city of Pomona and …
Commercial Liability-AutoBauer v. Century Surety Company (Wis. App. May 2, 2006) Ruling: Unloading constitutes “Operation” under Wisconsin coverage statute. The court held that the commercial liability insurer of a motor carrier was obligated to defend its insured in a personal …
ArkansasWorkers’ Compensation Jones Brothers Inc. v. Whitlock, et al. (Ark. May 4, 2005) Prime contractor liable for workers’ compensation benefits owed to employee of uninsured subcontractor: The Supreme Court of Arkansas interpreted Arkansas Code §11-9-402(a) before its amendment in 2005 …
Additional InsuredsEquilon Enterprises, LLC v. Great American Alliance Insurance Company (Washington Court of Appeals, Apr. 3, 2006) (Unpublished) Ruling: A wholesale distributor of fuel had contracted with a supplier of fuel to buy the fuel and distribute it to various …
Tenant’s PolicyMinges Creek, LLC v. Royal Insurance Company of America (6th Cir. [Mich.] April 6, 2006) Ruling: Mall owner was not entitled to additional insured status on mall tenant’s policy for accident occurring in common area. The lease was only …
Actions and Proceedings Northwestern National Insurance Company v Carlson Minn. App. March 7, 2006) Ruling: An insured’s cause of action against a liability insurer for breach of its contractual duty to indemnify does not accrue, and, therefore, the statute of …
LouisianaAuto–Liability Fields v. American Central Insurance Co. (La. App., 2nd Dist., March 8, 2006) Undated named driver exclusion endorsement sufficient to defeat coverage: Lensing was involved in a June 18, 2003, auto accident while driving a truck owned and insured …
Actions and ProceedingsBechtel Petroleum Operations Inc. v. The Continental Insurance Co. (California Court of Appeals, 2nd District, March 6, 2006) res judicata. Prior to that decision, the court held that the pollution exclusion applied, and the insurers did not have …
Auto–LiabilitySullivan v Allstate Insurance Company (Ind. App. Feb. 10, 2006) Ruling: The estate of the driver fatally injured in a motor vehicle accident brought suit against passenger of offending vehicle, among others. The passenger’s automobile insurer brought a declaratory judgment …
ERISAMetropolitan Life Insurance v. Parker (Arizona Ninth Circuit Court, Feb. 2, 2006) Ruling: At issue in this case was that although the insurer declared that it owed various proceeds under an Employee Retirement Income Security Act (ERISA)-governed life insurance policy, …
